⚖️ Constitutional Provision
Article 23. Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
✓ Enforced since 26 January 1950 | ✓ Available against both State & private individuals | ✓ A non-derogable right even during emergency (Art. 359)
🚫 Ban on Human Trafficking
Article 23(1) prohibits selling and buying of human beings, immoral traffic, and slavery. It forms the constitutional bedrock for laws like Immoral Traffic (Prevention) Act, 1956.
⛓️ Forced Labour (Begar)
Begar refers to labour or service exacted by coercion without payment. The Supreme Court has expanded this to include any forced labour without minimum wage or under economic duress.
🛡️ Public Purpose Exception
Clause (2) allows compulsory service for public purposes (e.g., national service, military conscription) but strictly prohibits discrimination based on religion, race, caste, class.
🔹 Bonded Labour System (Abolition) Act, 1976
Enacted to abolish bonded labour, fulfilling constitutional mandate under Article 23.
🔹 The Juvenile Justice Act & Trafficking
Protection of children from trafficking for labour or exploitation — derives strength from Article 23.
🔹 Minimum Wages Act, 1948
Non-payment of prescribed wages is forced labour, reinforcing Article 23’s mandate.
Despite constitutional prohibition, modern forms of trafficking, bonded labour and exploitative work persist. In recent years, Supreme Court has used Article 23 to strengthen anti-trafficking measures, monitor rehabilitation, and recognise Right against Exploitation as part of basic structure. NGOs, National Human Rights Commission and state mechanisms increasingly invoke Article 23 to combat forced begging, child labour, and sex trafficking.
Digital platforms and migration have also raised new questions — but the constitutional spirit remains: “No one shall be held in slavery or servitude; forced labour is a constitutional anathema.”
Does Article 23 apply only to state action or private individuals?
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Article 23 prohibits trafficking and forced labour by both the State and private individuals. It is a fundamental right enforceable against everyone, making it horizontally applicable. The State must take positive steps to prevent such exploitation by non-state actors.
What is the difference between Article 23 and Article 24?
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Article 24 specifically prohibits employment of children below 14 years in hazardous factories etc., while Article 23 is a broader right against all forms of forced labour and human trafficking. Together they form the constitutional shield against exploitation.
Can the government impose compulsory military service under Article 23(2)?
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Yes, Article 23(2) permits the State to impose compulsory service for public purposes, including military conscription or national service. However, such service must not discriminate on grounds of religion, race, caste, class, or any of them.
Is bonded labour still prevalent in India despite Article 23?
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While bonded labour has been officially abolished, certain forms persist in agriculture, brick kilns, and informal sectors. The Supreme Court through PILs has continuously directed states to identify, release and rehabilitate bonded labourers under the 1976 Act and Article 23.